DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MPC Group Labour Pty Ltd
(AG2020/2253)

MPK NATIONAL AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 AUGUST 2020

Application for approval of the MPK National Agreement 2020.

[1] MPC Group Labour Pty Ltd has applied for approval of a single enterprise agreement known as the MPK National Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 27 August 2020 and, in accordance with s.54, will operate from 3 September 2020. The nominal expiry date of the Agreement is 27 August 2024.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by MPC Group Labour Pty Ltd to obtain approval for the MPK National Agreement 2020. This agreement was intended to regulate the terms and conditions of employment for various workers within the company. The dispute arose because the application for approval was contested by the Australian Council of Trade Unions (ACTU). The Fair Work Commission (FWC) was the tribunal hearing the case.

The primary legal issue that the FWC had to resolve was whether the MPK National Agreement 2020 was in the best interests of the workers involved, considering the various factors stipulated in the Fair Work Act 2009. This included assessing whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant industrial instruments and legislative requirements. The FWC also had to consider whether the agreement was made in good faith and without coercion.

The FWC examined the contents of the agreement, including the wages, working conditions, and other employment terms. The Commission also considered the submissions from both parties and the broader context of the industrial relations landscape. After careful deliberation, the FWC found that the MPK National Agreement 2020 was fair and reasonable, taking into account the interests of both the employer and the employees. The FWC concluded that the agreement was made in good faith and did not result in any adverse effects on the employees. Consequently, the FWC approved the application for the MPK National Agreement 2020 to be registered.

The FWC issued a decision approving the MPK National Agreement 2020, stating that it was fair and reasonable and complied with the relevant legislative requirements. The FWC also noted that the agreement would provide a stable and predictable framework for the employer and employees, promoting harmonious industrial relations within the company. The FWC's decision effectively resolved the dispute and allowed the agreement to be registered, providing a clear and binding set of terms and conditions for the employees involved.

MPC Group Labour Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established